(1) By Plaintiff; by Stipulation. - Subject to the provisions of
Rule 23(c) and of any statute of this State, an action or any claim therein may
be dismissed by the plaintiff without order of court (i) by filing a notice of
dismissal at any time before the plaintiff rests his case, or; (ii) by filing a
stipulation of dismissal signed by all parties who have appeared in the action.
Unless otherwise stated in the notice of dismissal or stipulation, the
dismissal is without prejudice, except that a notice of dismissal operates as
an adjudication upon the merits when filed by a plaintiff who has once
dismissed in any court of this or any other state or of the United States, an
action based on or including the same claim. If an action commenced within the
time prescribed therefor, or any claim therein, is dismissed without prejudice
under this subsection, a new action based on the same claim may be commenced
within one year after such dismissal unless a stipulation filed under (ii) of
this subsection shall specify a shorter time.

(2) By Order of Judge. - Except as provided in subsection (1) of
this section, an action or any claim therein shall not be dismissed at the
plaintiff's instance save upon order of the judge and upon such terms and
conditions as justice requires. Unless otherwise specified in the order, a
dismissal under this subsection is without prejudice. If an action commenced
within the time prescribed therefor, or any claim therein, is dismissed without
prejudice under this subsection, a new action based on the same claim may be
commenced within one year after such dismissal unless the judge shall specify
in his order a shorter time.

(b) Involuntary dismissal; effect thereof. - For failure of the
plaintiff to prosecute or to comply with these rules or any order of court, a
defendant may move for dismissal of an action or of any claim therein against
him. After the plaintiff, in an action tried by the court without a jury, has
completed the presentation of his evidence, the defendant, without waiving his
right to offer evidence in the event the motion is not granted, may move for a
dismissal on the ground that upon the facts and the law the plaintiff has shown
no right to relief. The court as trier of the facts may then determine them and
render judgment against the plaintiff or may decline to render any judgment
until the close of all the evidence. If the court renders judgment on the
merits against the plaintiff, the court shall make findings as provided in
Rule 52(a). Unless the court in its order for dismissal otherwise specifies, a
dismissal under this section and any dismissal not provided for in this rule,
other than a dismissal for lack of jurisdiction, for improper venue, or for
failure to join a necessary party, operates as an adjudication upon the merits.
If the court specifies that the dismissal of an action commenced within the
time prescribed therefor, or any claim therein, is without prejudice, it may
also specify in its order that a new action based on the same claim may be
commenced within one year or less after such dismissal.

(c) Dismissal of counterclaim; crossclaim, or third-party claim.
- The provisions of this rule apply to the dismissal of any counterclaim, crossclaim,
or third-party claim.

(d) Costs. - A plaintiff who dismisses an action or claim under
section (a) of this rule shall be taxed with the costs of the action unless the
action was brought in forma pauperis. If a plaintiff who has once dismissed an
action in any court commences an action based upon or including the same claim
against the same defendant before the payment of the costs of the action
previously dismissed, unless such previous action was brought in forma
pauperis, the court, upon motion of the defendant, shall make an order for the
payment of such costs by the plaintiff within 30 days and shall stay the
proceedings in the action until the plaintiff has complied with the order. If
the plaintiff does not comply with the order, the court shall dismiss the
action. (1967, c. 954, s.
1; 1969, c. 895, s. 10; 1977, c. 290.)